RUBACKIN v. RUBACKIN


62 A.D.3d 11 (2009)

875 N.Y.S.2d 90

In the Matter of SHEILA RUBACKIN et al., Respondents, v. ROBERT RUBACKIN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 24, 2009.


Attorney(s) appearing for the Case

DePodwin & Murphy, Nanuet (Phillip J. Murphy of counsel), for appellant.

Patricia Zugibe, County Attorney, New City (Barbara M. Wilmit of counsel), for Rockland County Department of Probation, respondent.

SKELOS, J.P., LEVENTHAL and BELEN, JJ., concur.


OPINION OF THE COURT

ANGIOLILLO, J.

The appeal in this family offense proceeding raises the question of what standard of proof is necessary to sustain a finding that a respondent has failed to obey a lawful order of the Family Court, when the remedy to be imposed is a period of incarceration pursuant to Family Court Act § 846-a. It is appropriate to address this question notwithstanding the fact that the period of incarceration imposed on the appellant...

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